United States v. Michael Dunshie

MEMORANDUM **

Defendant-Appellant Michael Dunshie appeals an order denying his motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have jurisdiction under 28 U.S.C. § 1291, and we review de novo. United States v. Spears, 824 F.3d 908, 912 (9th Cir. 2016). We affirm.

The district court did not have jurisdiction to grant Dunshie’s motion. Because Dunshie was sentenced after the district court accepted the parties’ Rule 11(c)(1)(C) plea agreement, he is not eligible for relief under § 3582(c)(2) unless “the district court’s ‘decision to accept the plea and impose the recommended…